exercised by the
respondent no 2, the Director General of Foreign Trade [DGFT] and its
subordinates in connection with the processing and grant ... refers to the revision powers granted to the
Central Government and DGFT to revise the decision or
orders passed by the Respondent
addressed is whether the Director
General of Foreign Trade (hereafter 'DGFT') could issue the impugned
circular to recall a benefit provided ... Section 6 of the Act provides for the appointment of DGFT and also
indicates functions to be performed by the DGFT. The said Section
said notification issued by the Director General of Foreign Trade (DGFT),
though it reflects that the Central Government have imposed such
conditions by amending ... three
broad heads viz; notification dated 13th May, 2013 issued by the DGFT,
notification dated 25th June, 2013 issued by the Director to the
Government
Commerce; the second Respondent is the Director General of
Foreign Trade ("DGFT"); the third Respondent is the Joint
Director General of Foreign Trade ... Joint DGFT"), and the
fourth Respondent is the Deputy Director General of Foreign
W.P.(C)4455/2013 Page 2
Trade ("Deputy DGFT
addressed is whether the Director
General of Foreign Trade (hereafter 'DGFT') could issue the impugned
circular to recall a benefit provided ... Section 6 of the Act provides for the appointment of DGFT and also
indicates functions to be performed by the DGFT. The said Section
Additional Director General of Foreign Trade (hereinafter
referred to as "Additional DGFT"). By the said communication, hereinafter
referred to as the 'impugned ... communication', the Additional DGFT had
informed the petitioner that it's entitlement under the Advance
Authorization No. 0510324315 dated 09.05.2012, was limited
conform to the specification of Basmati Rice as provided in DGFT Notification no. 39 (RE-2008)/2004-2009 dated 16.9.2008 (as amended) wherein ... requirement of average length & length/breadth ratio as prescribed by the DGFT Notification and is contrary to the specifications of rice, declared
authorizations as per Input-Output Norm C-593 issued by offices of DGFT which reads, inter-alia, as follows:-
Sr.
Export Item
Import Item ... Bombay)]
4.20. That public notice dated 2.06.2011 issued by DGFT amending SION C-593 is only clarificatory in nature and will be applicable to their
authorizations as per Input-Output Norm C-593 issued by offices of DGFT which reads, inter-alia, as follows:-
Sr.
Export Item
Import Item ... Bombay)]
4.20. That public notice dated 2.06.2011 issued by DGFT amending SION C-593 is only clarificatory in nature and will be applicable to their
appellant since the DFIA in question was issued prior to DGFT Notification No. 31 dated 1/8/2013.
(vii) The notification no. 31 amends ... product is not required is not tenable for the reason that the DGFT has the power to exclude any item from the provisions
